lawyers responsibility

[How to communicate after a contentious divorce...]

In August I filed for a TRO against my BPDH. My daughter also had a TRO on him. Fast forward past 2 court appearances when I got representation from a women's organization in my county. His advise was to enter into a civil judgement which I followed. A condition of the civil agreement was I have exclusive rights to the home and required 2 hour notice for him to come. Another was that he return my computer or a copy of the harddrive within 3 days to his lawyers office. So the other day guess who comes here without prior notice? Who hasn't provided me with a hard drive thatcontains all my business records, course work for classes I am taking and photos. Because my probono lawyer only represented me for the TRO (he also took one out against my daughter and I) I cant ask advice until I pay him 4g for the divorce. So my question is  HIS lawyer at all responsible that his client follow the civil order?

[casper324]

In August I filed for a TRO against my BPDH. My daughter also had a TRO on him. Fast forward past 2 court appearances when I got representation from a women's organization in my county. His advise was to enter into a civil judgement which I followed. A condition of the civil agreement was I have exclusive rights to the home and required 2 hour notice for him to come. Another was that he return my computer or a copy of the harddrive within 3 days to his lawyers office. So the other day guess who comes here without prior notice? Who hasn't provided me with a hard drive thatcontains all my business records, course work for classes I am taking and photos. Because my probono lawyer only represented me for the TRO (he also took one out against my daughter and I) I cant ask advice until I pay him 4g for the divorce. So my question is  HIS lawyer at all responsible that his client follow the civil order?

[momtara]

I don't think his lawyer is responsible.  His lawyer can't control him.  I don't know if police can get involved in a civil order, I'm not sure.  It makes him look bad though.  Just be glad he's out of the house.

HOWEVER, if he has your computer, and it's yours, or he has any data of yours, that seems like theft to me.  Maybe go to the cops and ask what you can do?  And maybe he can get in trouble for violating the order, esp. if you don't feel safe.

Yeah, those $4K retainers are hard.  You can always get some free consultations from other lawyers too.

[casper324]

Thank you.  I probably should have not gone civil, silly me thought he could be civil!  Then again he violated the terms of the TRO and when I went to the police they treated me like crap saying it was a property dispute, not contempt of the TRO. He came to the property and took things he was not supposed to remove according to the terms of the TRO.   I am so stuck because my business books are on that PC and I need my AR/AP and sales tax information for the last quarter.  I already have a judgement against  me (the business was a partnership but in my name) for last quarters sales tax and don't want to get a penalty that is more expensive then the sales tax I have due again.  He has total disregard for authority or rules.   

[ForeverDad]

Get some inexpensive consultations with other attorneys.  Someone ought to be able to give you an outline of where you stand, what your options are and what you can do regarding your stolen property and regarding his trespassing.  Sounds like you can file another TRO based on him violating the settlement, starting over or somehow get it back in court for his consequences.

If you do sue, include legal costs, potential tax penalties, etc.

He has total disregard for authority or rules.

And he won't change his pattern unless he has consequences.  Unfortunately as you've found out it's hard to get the legal system to give consequences.